USA > Michigan > Branch County > A twentieth century history and biographical record of Branch County, Michigan > Part 27
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HISTORY OF BRANCH COUNTY
Democrat, by a plurality of 875. Branch county gave him a majority of only 16 votes, the remainder coming from St. Joseph county. Jonas H. Mc- Gowan, of Coldwater, was elected to congress from this district, Branch county giving him a majority of 383 over Upton, Democrat, and Dawson, National.
In November, 1880, the Republicans were entirely successful, electing everything by majorities ranging from 929 to 1722. Charles Upson was elected to congress, Branch giving him a majority of 1188.
In November, 1882, the Greenback party was popular throughout the state, electing Begole by about 800 majority, but Branch stood almost solidly for the Republican ticket, electing everything excepting sheriff and repre- sentative in the second district. Oliver C. Campbell, Greenback, was elected sheriff over Geo. W. Van Aken, Republican, by 46 votes, and Emanuel Hime- baugh, a Greenback, was elected representative over Richard Coward, Re- publican, by 17 votes. With these two exceptions the Republican majorities ranged from 143 to 1223.
The campaign of 1884 was closely contested, but the Republicans were again successful in the main, losing only sheriff and prosecuting attorney. Campbell was re-elected sheriff by a majority of 495, and John R. Champion, Greenback, defeated Marc A. Merrifield, Republican, for prosecuting attor- ney by a majority of 27 votes. In this campaign the votes on the presiden- tial ticket were as follows: James G. Blaine, Republican, 3671; Grover Cleveland, Democrat, 1315 : Benjamin F. Butler, Greenback, 1644; John St. John, Prohibition, 419.
The official canvass of the votes cast November 2, 1886, shows a clean sweep for the Republicans. Cyrus G. Luce for governor headed the Repub- lican ticket and received in Branch county a plurality of 758 votes over Geo. L. Yaple, Democrat, and Samuel Dickie, Prohibitionist.
In September, 1888, President Cleveland appointed Gen. John G. Park- hurst minister to Belgium.
In November the county gave a solid Republican majority, honoring Gov. Luce by a plurality of 1284 over Wellington Burt, Democrat. Alfred Milnes, of Coldwater, was elected to the state senate by a plurality of 1380 over Lane, Democrat.
The Democrats were successful in the state in the fall of 1890, electing E. B. Winans governor, but Branch county stood firmly by its long-time Re- publican majority, giving J. M. Turner, Republican, a plurality of 962 over Winans, and elected their entire county ticket with the exception of prosecut- ing attorney, in which William H. Compton, Republican, was defeated by Elmer E. Palmer, Democrat, who won by a majority of 672. For state senator Oliver C. Campbell, Democrat, was elected by a plurality of 73. The opposing candidate was Alfred Milnes, Republican, who received 2716, and Edward E. Bostwick, Prohibitionist. The Republican majorities on the balance of the ticket varied from 84 to 1401.
The presidential election of 1892 found Branch solid for the Republican ticket, giving every candidate a plurality, which on the presidential ticket
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was 1124. The election of two years later. in 1894, was a repetition of 1892, the Republicans electing everything by increased pluralities.
In the spring of 1895 Alfred Milnes was elected to the national house of representatives to succeed J. C. Burrows, who went to the senate. In this contest Mr. Milnes defeated Calvin J. Thorpe, who was the candidate of the Democratic, Silver and Prohibition parties, his majority being about I400.
The famous silver campaign of 1896 proved a disaster for the Republi- cans. After many years of almost unbroken control of the political affairs of the county, they were totally routed by Bryan and his followers. The entire silver ticket was elected by pluralities of from 161 to 368. the latter being A. M. Todd's plurality over Alfred Milnes for congressman. Bryan carried the county by a plurality of 377. Two years later the Republicans regained some of their lost prestige by electing about half of their county ticket, and giving a majority of 105 for their candidate for governor. Hazen S. Pingree.
In 1900 the silver party. again headed by William Jennings Bryan for president. were overwhelmingly defeated by the Republicans, who carried the county for every candidate on their ticket. Mckinley polled 880 more votes than Bryan and the Republican candidates on the same ticket averaged about the same number.
In 1902 the party opposed to the Republicans again assumed its old name and the campaign was once more between the Republicans and the Democrats, in which the latter were more overwhelmingly defeated than was the silver party in 1900. The county ticket elected was entirely Repub- ilcan by a majority of over 1000.
The election on November 8, 1904. was the most decisive defeat the Democrats ever suffered in Branch county. The Republican ticket, headed by Roosevelt for president, carried the county by largely increased major- ities. Roosevelt received 2837 more votes than did Parker. the Dem- ocratic candidate, and the Republican county ticket was elected by majori- ties varying from 1799 to 2159.
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HISTORY OF BRANCH COUNTY
CHAPTER XXVI.
COURTS AND LAWYERS.
Until Michigan became a state the judicial circuit embracing Branch county covered the entire Michigan Territory, that is, there was only one judicial circuit, and the circuit judge held sessions in all the organized coun- ties. " At a session of the Circuit Court of the Territory of Michigan. holden in and for the county of Branch," is the record for the first circuit court held in this county after it was separately organized from St. Joseph county.
In 1836 Michigan was divided into judicial circuits each presided over by a circuit judge. By the act approved July 26, 1836, the third judi- cial circuit was organized. The original counties embraced in this circuit were Branch, St. Joseph. Cass, Berrien, Kalamazoo, Allegan, Calhoun, Kent, and all the country attached to any one of these for judicial purposes.
Branch county continued a part of the third circuit until 1851. An act approved April 8th, of that year, created the second circuit of Branch, St. Joseph, Cass and Berrien counties.
On March 6, 1869, the second circuit was divided, Berrien and Cass being constituted one circuit and retaining the name of second circuit, while Branch and St. Joseph were organized as the fifteenth judicial circuit, and as such it has remained to the present time. The late Judge Charles Upson was the first judge of this circuit, serving from 1870 to 1876.
The first constitution of Michigan provided for a county court, inter- mediate between the justice courts and the circuit court. The first session of the Branch county court was held in Coldwater, March 1, 1847, Jacob Shook being present as second judge, with C. P. Benton, clerk. In conse- quence of the abolition of this branch of judiciary by the second constitution, the county court adjourned sine die December 31, 1851, Justin Lawyer being the last judge.
For several years after the organization of a county government the legal business of the county was transacted by lawyers whose homes were in other counties of the state. The profession of law during the early days was an itinerant one. The court moved about from county seat to county seat over an immense area comprising the judicial circuit, and with the court trav eled the attorneys. They traveled by stage coach or horseback according to choice or convenience, and the arrival of the court and its attorneys was an event to be looked forward to by the villagers of the county seat.
Thus, in October, 1833, no little stir and excitement was caused in the little village of Branch when the first session of the circuit court was begun.
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The court, which opened on the 21st day of the month, was presided over by William A. Fletcher, who was president judge of the judicial circuit of the territory of Michigan. Associate judges were Silas A. Holbrook, for many years a well known business man of Coldwater, and William A. Kent.
In the minutes of this session is this sentence, " Ordered that Neal Mc- Gaffey be prosecuting attorney the present term." Mr. McGaffey may be considered one of the first, if not the first, lawyer who practiced before a court of record in Branch county. But he was not a resident of this county. His home was at White Pigeon, where he lived and died. St. Joseph county. as already mentioned, was for several years the civil and judicial center for a large region which has since been divided into separate counties, inchiding Branch county. Therefore it was natural that the first lawyers who located in this part of the state would settle in St. Joseph county where their profes- sional interests were centered.
But the oldest attorney of this part of the state, was Columbia Lancaster, whose name is mentioned among the attorneys of the April term of 1835 as having business in the Branch county session of the circuit court. Colum- bia Lancaster was born in Connecticut in 1803, came to White Pigeon in 1830, and on the location of the county seat at Centerville became the first resident of that place. He is said to have taught the second school in Branch county, and in addition to being a lawyer and school teacher was a mighty hunter. He later moved to Washington Territory.
The attorneys mentioned alongside the name of C. Lancaster were Marcus Lane and George W. Jewett (or Jewit, as it was spelled in the records ). Marcus Lane came from his home at Ypsilanti to practice in Branch county. On coming to Michigan he had located for practice at Ann Arbor, in 1826. George W. Jewett lived at Ann Arbor, but afterward moved to Niles, where he died.
At the October term of circuit court in 1835 Henry I. Backus sought a license to practice law in the territory of Michigan. Thereupon the judge appointed the attorneys Jewett, Lancaster and Lane a committee to ex- amine the qualifications of Mr. Backus, who had previously practiced in the state of Connecticut, and on examination the committee found the applicant duly qualified, whereupon he was admitted to practice. Mr. Backus was the first attorney admitted to practice in Branch county. Although admitted here, there is no proof that he was a resident lawyer in the county.
In 1837 there came to Coldwater Ezbon G. Fuller who, according to all accepted reports and proofs, was the first resident lawyer of Branch county, although not the first attorney to represent clients in court here. Dying January 14, 1892. at Marysville, California, where he had resided since 1878, Judge E. G. Fuller was at the time of his death nearly eighty-two years old, forty years of which had been passed as a member of the bar of Branch county. He was appointed prosecuting attorney soon after his admission to practice, and later held the office of judge of probate. His practice fell off in later years, nor did he make much effort to keep up with the profession,
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but gave much of his time to his farm and the abstract business, until he moved to California.
In the first number of the Coldwater Sentinel, dated April, 1841, are the professional cards of E. A. Warner, E. G. Fuller and George A. Coe. These constituted the Branch county bar at that date. The first named had located in Coldwater about 1838. He died about 1845, while still young. George A. Coe had begun his professional career in Coldwater, and during the thirty years before his death in 1869 he attained unusual prominence. Besides hold- ing various local offices he was a member of both branches of the legislature, and in 1854 and 1856 was lieutenant governor of the state.
The calendar of the Branch county court in 1847 contains the follow- ing attorneys who appeared in cases tried in that year: H. C. Gilbert, W. Brown, Louis T. N. Wilson, E. G. Fuller, George A. Coe, Justin Lawyer, Justus Goodwin, E. G. Parsons, D. Darwin Hughes, A. Piatt, E. J. Hard, John Root, C. B. Dresser, A. French and J. W. Gilbert.
Of these, L. T. N. Wilson studied his law in the office of Mr. Coe at Coldwater. He was identified with Coldwater until his death, April 26, 1887.
The name of Justin Lawyer, above mentioned with the attorneys of 1847, will long be honored in Coldwater not so much for his connection with the law as for his relation with business and public affairs. He did not prac- tice long, but turned his attention to banking and other interests. "The public had confidence in his ability to do things thoroughly and well," is the most impressive tribute to his life and character. He was connected with several public enterprises, among them the city water works, of which he was superintendent at the time of his death, March 13, 1894.
Passing over almost a generation of time, to the year 1875, we find many changes in the personnel of the county bar. The roll of Branch county attorneys in 1875, as given in a court calendar of that year, is as follows : (The names are mentioned in order of seniority) Ezbon G. Fuller, Charles Upson, David B. Dennis, Caleb D. Randall, David Thompson, John W. Turner, John R. Champion, W. J. Bowen, Franklin E. Morgan, J. H. Mc- Gowan, J. B. Shipman, Noah P. Loveridge, Justin Lawyer, J. G. Parkhurst, F. L. Skeels, C. N. Legg, C. E. Thornton, H. H. Barlow, C. D. Wright, S. B. Kitchel, all of Coldwater. Ezra Berry was from Quincy, while Union City was represented by Jerome Bowen, M. A. Merrifield and George Styles.
Judge Charles Upson (see sketch), who died September 5, 1885, at the age of sixty-four, was once referred to in the early sixties as " the leading attorney of southwestern Michigan." He was well versed in the common and statute law, was energetic in all that he did, and had the respect of the entire bar of Branch county.
Caleb D. Randall, who died September 1, 1903, was for many years influential in business and the law. He was born in Cayuga county, New York, in 1831, a son of Dr. Alvah Randall, the pioneer physician of Bronson, who has been mentioned elsewhere. Studying law, he began practice about 1855, but did very little active legal work after the war. He was successful
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HISTORY OF BRANCH COUNTY
as a pension claim agent, and in 1870 was elected to the state senate. He took part in the organization of the Southern Michigan National Bank, and for some years before as well as subsequent to that time he gave little atten- tion to legal practice. Although noted for his business conservatism. he suffered severe reverses and had to relinquish most of his interests. His work in education and the charities, and his zeal in all matters affecting the public interest are attested in various places in this history.
David Thompson was another pioneer lawyer who prepared for his profession in Coldwater. He was associated with Charles Upson during the early sixties, and in 1864 was elected judge of probate, and later served as circuit judge to fill a vacancy. Judge Thompson has been characterized as a most kindly man. of easy approach, with little shrewdness and no closeness in financial matters. His easy going methods prevented him from accum- ulating money, but he was always a respected figure in the community. He became a clerk under the government at Washington, and died at Coldwater. February 19. 1896.
All the old settlers as well as the members of the bar knew and liked John W. Turner, whose most prominent characteristics were a jovial. genial nature. a natural eloquence, and a poetic temperament that sometimes man- ifested itself in verse. Quick at repartee and relying more on the inspiration of the occasion than attention to details. he was noted. during his early career, as a strong advocate before a jury. He died at the age of seventy years. August 11. 1888.
Willard J. Bowen, who is also deceased, was a graduate in law from the University of Michigan, a member of the same class with Franklin E. Mor- gan. His practice was limited, for he soon directed his attention to other matters, for awhile doing a business in prosecuting war claims, and later became a member of the banking firm of Rose. Bowen & Rose. Eventually he went to Texas. where he had a career in business and politics, and where he died.
Jerome Bowen, who, as elsewhere related, was at one time connected with the Coldwater Republican, was practicing law during the seventies in Union City, and from there went to Manistee.
J. H. McGowan, who died in Washington, where he lived after serving as a representative from his Michigan district, was a self-made, college-bred lawyer. A poor, hard-working college boy. he yet had the popular qualities and the ability to mingle with his fellows to such a degree that he was re- ceived into the societies of wealth of the university. In practice he was noted for his ability in cross examination, and could direct a fire of questions with such rapidity as has seldom been equaled. He was successful in his profes- sion, and stood high in the community because of his clean. pure record.
The death of Noah P. Loveridge on June 26. 1900, took away another of the lawyers who had come to Coldwater during the sixties. He had a suc- cessful practice from the start, and was associated for a number of years with Judge J. B. Shipman. He stood high in public affairs, and. like his associate, held the office of judge of the fifteenth judicial circuit.
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HISTORY OF BRANCH COUNTY
One by one the county bar of 1875 has been diminished by death. Ezra Berry, the Quincy attorney at that time, and since deceased, was a member of the well known pioneer family of that village. He had been admitted to the bar in 1846, and a large part of his business career was spent in other affairs.
C. D. Wright was a Coldwater boy, who was admitted to the bar there, and later went west to Los Angeles, where he acquired a competence mainly by successful investment, and died in that city. F. L. Skeels, who was an active member of the profession for some years, and is now deceased, ivas a Yale graduate. which was an uncommon distinction for the lawyer of that time. He served four years as prosecuting attorney of the county.
Only recently, and while this work has been in process of compilation, two others whose names appear in the above roll have passed away, namely. S. B. Kitchel and Gen. J. G. Parkhurst, whose careers are sketched elsewhere.
Two other early lawyers might be mentioned. One was M. S. Bowen, who came during the sixties, and remained only a few years. His best re- membered characteristic was his fondness for the legal quibble, and he often clouded the judgment of both judge and jury with a shower of technicali- ties and whimsical objections. The other character was E. S. Jennings, the " tramp lawyer," who was possessed of a facile and persuasive eloquence. It is said that this enabled him to borrow a large sum of money from a dozen or more persons about the same time. He then went to Nebraska, where he invested in land, became prosperous, and, to his credit let it be said, met all his obligations in full.
In the roll of 1875 may be found the oldest members of the present bar. Since the death of Gen. Parkhurst, John R. Champion is the oldest lawyer in the county. He has been here since before the war. At one time he was considered one of the able criminal lawyers of the county, but in later years had a general practice.
Time has also dealt kindly with Franklin E. Morgan, who was one of the early graduates from the University of Michigan law department, and who came here in 1863. Although a member of the bar for forty years, until his retirement in January, 1904, he was never in active court practice. He had an office business, largely in real estate and loans, and represented outside capital and some estates in Coldwater. When local capital became sufficient to meet all the demands, his business in that direction, which had been quite remunerative, declined, and thereafter until his retirement he carried on an office law practice.
Judge John B. Shipman, whose career is sketched on another page, is still a leader of the Branch county bar, with over forty years of active prac- tice behind him, part of which time he was circuit judge.
Others whose names are mentioned elsewhere are the well known at- torneys Charles N. Legg, H. H. Barlow, both of Coldwater, and M. A. Mer- rifield and George Styles of Union City.
A study of the careers of Branch county's legal profession would seem to indicate that business and the law have generally gone hand in hand. or
1
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HISTORY OF BRANCH COUNTY
that a ready transfer of activity has been possible from one to the other. It was one of the observations of the Hon. James Bryce. author of the "Amer- ican Commonwealth," on the occasion of his recent visit to this country. that the lawyers in this country were turning more and more of their attention to general forms of business and devoting themselves less exclusively to their profession. In a county the size of Branch the special departments of the law have of course never furnished enough business for one man, and the prac- tice has been what is termed " general." A few have developed aptitude as pleaders, or in criminal prosecution, or in consultation practice.
As one comes down the consecutive decades since the pioneer courts were held in Branch county he finds an increasing per cent. of college trained lawyers. And the requirements for graduation at the ordinary law school of forty years ago have been raised from time to time, so that the preparation for the legal profession has been broadened and diversified to keep pace with the enlarged arena which is now occupied by the law. The home-schooled aspirant of sixty years ago would read a few volumes in the office of one whom he chose to call his " preceptor." and would then go be- fore a committee of local attorneys appointed by the circuit court, as was the case with the first lawyer admitted to practice in Branch county. The mem- bers of this committee, though practical lawyers, not often possessed ability as examiners. and the questions asked of the applicant seldom touched the depths of law and were often irrelevant.
But at Ann Arbor, even fifty years ago, the law student after complet- ing his courses was put through a six days' test of oral examination, con- ducted by such eminent men as Judge Campbell. Judge Cooley, Judge I. C. Walker, Judge E. C. Walker of Detroit, and Judge Stacey of Tecumseh. After successfully passing this battery of questioners it was likely that the applicant would ever afterward have a high respect for the dignity of his profession and be well qualified for its duties.
Passing along two decades from the roll of 1875, it will be interesting to notice a similar list of Branch county attorneys for the year 1895. They are-
At Coldwater: D. B. Dennis, C. D. Randall, J. R. Champion. F. E. Morgan, J. B. Shipman, N. P. Loveridge. J. G. Parkhurst, H. C. Clark, H. H. Barlow. S. B. Kitchel, N. A. Reynolds, C. N. Legg. William H. Comp- ton. M. D. Campbell, F. D. Newberry. D. M. Wells, J. S. Evans, H. C. Loveridge, Melvin E. Peters. L. F. Humphrey. E. E. Palmer. C. C. Jolin- son. C. U. Champion. A. L. Locke, C. F. Howe, E. H. Loveridge, E. E. Kil- linger, B. C. Thorpe, Leroy Palmer.
From Quincy the following: W. H. Lockerby. A. L. Kinney, E. D. Lockerby.
And from Union City : M. A. Merrifield. George Styles.
The changes in the personnel during twenty years had been many, but the roll for 1895 almost represents the present membership of the bar. as will be seen by reference to the roll of attorneys for 1906, herewith given :
J. G. Parkhurst (deceased) ; John R. Champion. Coldwater. Franklin
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HISTORY OF BRANCH COUNTY
E. Morgan, Coldwater; John B. Shipman, Coldwater; Henry C. Clark, Cold- water; H. H. Barlow, Coldwater; Norman A. Reynolds, Coldwater ; Charles N. Legg, Coldwater; Milo D. Campbell, Coldwater; Frank D. Newberry, Coldwater; John S. Evans, Coldwater; Henry C. Loveridge, Coldwater; Leonard F. Humphrey, Coldwater; Elmer E. Palmer, Coldwater; Clayton C. Johnson, Coldwater; Charles U. Champion, Coldwater; Charles F. Howe, Coldwater; Ernest H. Loveridge, Coldwater: Leroy Palmer, Coldwater; Frank B. Reynolds, Coldwater; Mark S. Andrews, Coldwater; William H. Lockerby, Quincy; M. A. Merrifield, Union City: George Styles, Union City ; Milo Thompson, Bronson: A. L. Locke, Bronson; H. J. Barton, Union City; W. Glenn Cowell, Quincy ; A. Riley Crittendon, Coldwater; Perry J. Ashdown, Union City; Bert. E. Barlow, Coldwater; O. M. Bowen, Bronson ; W. Edwin Hodgman, Coldwater.
According to the records, the members of the bar of Branch County met at the home of Hon. C. D. Randall, February 2, 1903, for the purpose of re- organizing the Bar Association for Branch County. Pres. C. D. Randall of the old association was in the chair, and in the absence of Secretary Cham- pion, F. B. Reynolds was secretary pro tem. A committee on articles of association reported as follows: "Whereas, the records containing the con- stitution and proceedings of the original association have been lost, said as- sociation having been in existence nearly half a century and many of the members thereof having been among the most eminent lawyers of the state; therefore, for the purpose of continuing and perpetuating said Bar Associa- tion, we report for your consideration the following form of constitution, etc."
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